Commercial defamation in the context of comparative advertising and advertising through commercial events within the framework of chinese law

Аннотация

Reputation applies to both legal entities and natural persons. Since every market entity strives to establish a positive reputation in order to promote its goods, reputation is a crucial attribute for market entities in commercial economic activities. Advertising, in which businesses advertise their goods to emphasize their benefits and market them as effectively as possible, is one strategy to establish this reputation. These organizations may, nevertheless, use advertising by contrasting their product with that of another economic entity in addition to simply displaying their own. They may plan a ceremony to display and contrast their product with that of another organization, or they may employ conventional advertising techniques. They might also try to promote their product by disparaging the quality of goods made by other organizations. As a result, this study offers an analytical examination of commercial defamation, its concept, and comparative advertising—the practice of comparing the product of one company with that of another—with reference to European and American law and the framework of Chinese law. In addition, the study investigates whether the idea of comparative advertising—or advertising in general—applies when a product is presented and contrasted with another product during a ceremony instead of using conventional advertising techniques. Keywords: Commercial Defamation, Comparative Advertising, Commercial Ceremonies. The American Journal of Political Science Law and Criminology 22 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology Introduction: Commercial businesses use advertising and analyzes the impact of these legislations on tactics to persuade the public to purchase their goods advertising practices in each region. The study aims to in an effort to increase profits and market their goods. provide practical recommendations to strengthen the This strategy boosts their sales and profits in addition legal systems related to commercial defamation in to helping them reach a wider audience. Businesses these areas, in line with international standards, and to may decide to compare their products with those of contribute to the improvement of commercial rivals because they compete with one another to advertising regulation in different contexts. maximize profits and establish market dominance, Concept of Commercial Defamation particularly those that manufacture identical products A type of rivalry between market participants with the under various names and brands. goal of maximizing profits is called competition. It is a The purpose of these comparisons is to emphasize the feature of a market economy by nature. Although it is a benefits and superiority of their own products over basic characteristic of market economies, competition is those made by other businesses. In order to not completely unchecked. Instead, it is regulated by accomplish this, these businesses frequently use laws that guarantee equitable competition among commercials or promotional activities, like planned market participants and maintain it within the bounds showcases or open demonstrations, to showcase and of law, thereby avoiding unfair competition. The contrast their products with those of other producers. practice of disparaging a competitor's brand and its This begs the question: Is it legal to make such a goods is one of the main rules against fair competition. comparison? In what way does this comparison relate Thus, it can be claimed that the following constitutes to commercial defamation? Furthermore, is it commercial defamation: considered advertising when product comparisons are An unfair competitive practice that involves fabricating displayed at trade shows or promotional events? facts or misleading information with the intention of We shall examine these matters in the context of damaging the reputation of other commercial entities in Chinese law in this study. We will start by going over order to obtain illegal advantages When someone or a the idea of commercial defamation, then I'll analyze company makes a disparaging statement about another product comparisons and look at how these company, its owner, or an officer, it is referred to as comparisons are typically presented at showcases or "commercial defamation." In order to prove commercial promotional events. The purpose of this study is to defamation, a person or organization must demonstrate present a legal viewpoint under Chinese law. that they intentionally made a false statement and that METHODOLOGY the statement caused damages. It can be challenging to prove damages in a commercial defamation case, but This study relies on a theoretical legal research they could include lost sales or other revenues, harm to methodology, primarily based on library sources, by the company's reputation, and missed business conducting a comprehensive and detailed review of opportunities. Establishing